Terms and Conditions

1.1 Age Requirements. To access certain features of our platform, you must register for an account. You must be at least 13 years of age to create an account. However, you must be at least 18 years of age to make payments, purchase subscriptions, or enter into any financial transactions. If you are between 13 and 17 years of age, you represent that you have obtained parental or guardian consent to use our services. We reserve the right to verify your age and may require proof of age or parental consent at any time.

1.2 Account Responsibilities. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account and password
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

1.3 Account Termination. We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer valid, or if you violate these Terms.

1.4 Email Communications. By creating an account, you consent to receive transactional and service-related emails from us. You may opt out of marketing communications at any time through your account settings or by using the unsubscribe link in our emails. We comply with applicable email marketing laws, including CAN-SPAM. For email subscriptions (such as aurora alerts), you may unsubscribe at any time through the provided unsubscribe mechanism.

2.1 User Content. Our platform allows you to create, upload, and share content including dreams, stars, and comments ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with our services.

2.2 Content Restrictions. You may not upload, share, or transmit any content that:

• Violates any applicable law or regulation
• Infringes on intellectual property rights of others
• Contains harmful computer code or malware
• Is defamatory, obscene, or harassing
• Promotes illegal activities or discrimination
• Impersonates another person or entity
• Contains personal or sensitive information of others without their consent

2.3 Content Removal. We reserve the absolute right to remove any content that violates these terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise inappropriate.

2A.1 Copyright Infringement. Mercury 91 respects the intellectual property rights of others and expects our users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

2A.2 DMCA Takedown Procedure. If you believe that content on our platform infringes your copyright, please provide our designated agent with the following information in writing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to locate it
• Your contact information, including address, telephone number, and email address
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

2A.3 Designated Agent. Our designated agent for receiving DMCA notices is:

Mercury 91 DMCA Agent
Email: dmca@mercury91.com
Subject Line: "DMCA Takedown Request"

2A.4 Counter-Notification. If you believe your content was removed in error, you may submit a counter-notification with the same information required above, plus a statement under penalty of perjury that you have a good faith belief the material was removed by mistake.

2A.5 Repeat Infringers. We reserve the right to terminate accounts of users who are repeat copyright infringers in appropriate circumstances.

2B.1 Not Medical Advice. The services provided by Mercury 91, including but not limited to mood tracking, dream analysis, meditation features, binaural beats, and wellness insights, are provided for informational and entertainment purposes only. These services are NOT intended to be, and do not constitute, medical advice, diagnosis, treatment, or therapy of any kind.

2B.2 Not a Substitute for Professional Care. Our services are not a substitute for professional medical, mental health, or psychological advice, diagnosis, or treatment. You should never disregard professional medical advice or delay seeking it because of information provided through our services.

2B.3 Medical Conditions. If you have or suspect you have a medical or mental health condition, or if you are experiencing a medical or mental health emergency, you should immediately consult with a qualified healthcare provider or contact emergency services. Our services should not be used as a replacement for professional medical or mental health care.

2B.4 No Health Outcome Warranties. We make no warranties, representations, or guarantees about any health, wellness, or therapeutic outcomes that may result from using our services. Individual results may vary, and we do not guarantee any specific health, mental health, or wellness benefits.

2B.5 Binaural Beats and Audio Features. Our binaural beats and audio meditation features may not be suitable for everyone. If you have epilepsy, seizures, or other neurological conditions, you should consult with a healthcare provider before using these features. Use headphones at a safe volume level. If you experience any discomfort, dizziness, or adverse effects, discontinue use immediately and consult a healthcare provider.

2B.6 User Responsibility. You acknowledge that you are solely responsible for your use of our services and any decisions you make based on information provided through our platform. You agree to use our services at your own risk and to consult with qualified healthcare professionals for any medical or mental health concerns.

2C.1 AI-Generated Content. Mercury 91 utilizes artificial intelligence (AI) technologies, including but not limited to Sally AI, AI-powered dream analysis, mood insights, and other AI-driven features. AI-generated content, responses, and insights are provided for informational and entertainment purposes only.

2C.2 AI Accuracy Limitations. We make no warranties or representations about the accuracy, reliability, completeness, or usefulness of AI-generated content. AI systems may produce errors, inaccuracies, or inappropriate responses. AI-generated content should not be relied upon as factual, professional, or medical advice.

2C.3 AI Suggestions Only. All AI-generated insights, recommendations, and suggestions are provided as suggestions only and do not constitute professional advice of any kind. You are solely responsible for verifying any information provided by AI features and for making your own independent decisions.

2C.4 Astrology and Entertainment Features. Astrology features, horoscopes, birth chart interpretations, and related content are provided for entertainment purposes only. These features are not based on scientific evidence and should not be used for making important life decisions. We make no claims about the accuracy, validity, or reliability of astrological predictions or insights.

2C.5 No Guarantees. We do not guarantee that AI-generated content or astrological insights will be accurate, helpful, or appropriate for your specific situation. You acknowledge that you use these features at your own risk and that we are not liable for any decisions you make based on AI-generated or astrological content.

3.1 Platform Ownership. Mercury 91 and its licensors exclusively own all rights, title, and interest in and to the services, including all intellectual property rights. We reserve all rights not expressly granted to you.

3.2 Service Modifications. We reserve the right to modify, suspend, or discontinue the services or any part thereof at any time, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services.

3.3 Final Decision Authority. In all matters relating to the operation, management, and moderation of our platform, Mercury 91 has final and absolute decision-making authority. This includes, but is not limited to, decisions regarding content moderation, account suspension, feature changes, and any disputes between users.

3.4 Beta and Experimental Features. Some features on our platform may be labeled as "beta," "experimental," or "in development." These features are provided "as is" and may contain bugs, errors, or incomplete functionality. Beta features may be modified, removed, or discontinued at any time without notice. We make no warranties about beta features, and you use them at your own risk. We are not liable for any issues, data loss, or problems arising from the use of beta or experimental features.

3.5 Desktop Application License. If you download and install our desktop application, we grant you a limited, non-exclusive, non-transferable, revocable license to use the software for personal, non-commercial purposes in accordance with these Terms. You may not: (i) copy, modify, or create derivative works of the software; (ii) reverse engineer, decompile, or disassemble the software; (iii) remove any proprietary notices or labels; (iv) use the software for any illegal purpose; or (v) sublicense, rent, lease, or transfer the software. We may update the software automatically, and you agree to receive such updates. We reserve the right to terminate your license to use the desktop application at any time for violation of these Terms or for any other reason.

5.1 Billing. Some aspects of our services may require payment or subscription. By providing payment information, you represent that you are authorized to use the payment method, you are at least 18 years of age, and you authorize us to charge your payment method for the services you purchase.

5.2 Recurring Payments. For subscription services, you authorize us to bill your payment method in advance on a recurring basis until you cancel. You are responsible for ensuring your payment method remains valid and for updating it if it changes.

5.3 Cancellation. You may cancel your subscription at any time through your account settings or by contacting us at hello@mercury91.com. Cancellations are effective at the end of the current billing cycle. You will continue to have access to subscription features until the end of the billing period for which you have already paid.

5.4 Fee Changes. We may change our fees at any time. If we change fees for an existing subscription, we will give you at least 30 days advance notice before the changes take effect. If you do not agree to the new fees, you may cancel your subscription before the changes take effect.

5.5 Refund Policy. We offer a 14-day money-back guarantee for purchases made through our platform. To request a refund, you must contact us at hello@mercury91.comwithin 14 days of your purchase date. Refund requests must include your account email and purchase details. Refunds will be processed to the original payment method within 5-10 business days. This refund policy applies to one-time payments and the first payment of subscription services. Promo code users (including MERCURY91) who received free access are not eligible for refunds as no payment was made. Refunds are not available for: (i) purchases made more than 14 days ago; (ii) subscription renewals after the initial 14-day period; (iii) digital products or services that have been substantially used or consumed; or (iv) accounts that have been terminated for violation of these Terms. This refund policy does not affect your statutory rights under Australian Consumer Law or other applicable consumer protection laws.

5.6 Payment Processing. Payments are processed by third-party payment processors (including Stripe). You agree to comply with the terms and conditions of our payment processors. We are not responsible for any errors, delays, or issues arising from payment processing.

5A.1 Third-Party Integrations. Our services may integrate with or utilize third-party services, including but not limited to:

• Spotify: Music streaming and playlist features are provided by Spotify. Your use of Spotify features is subject to Spotify's Terms of Service and Privacy Policy.
• Firebase/Google Services: Our platform uses Google Firebase and other Google services for authentication, data storage, and analytics. Your use is subject to Google's Terms of Service and Privacy Policy.
• Mailjet: Email delivery services are provided by Mailjet. Email communications are subject to Mailjet's Terms of Service.
• Stripe: Payment processing is handled by Stripe. Payment transactions are subject to Stripe's Terms of Service and Privacy Policy.

5A.2 Third-Party Terms. By using features that integrate with third-party services, you agree to comply with the applicable third-party terms and conditions. We are not responsible for third-party services, their availability, functionality, or any issues arising from your use of third-party services.

5A.3 No Liability for Third-Party Services. We disclaim all liability for any problems, failures, errors, or issues with third-party services, including but not limited to service outages, data breaches, changes to third-party terms, or discontinuation of third-party services. Your relationship with third-party service providers is solely between you and the third party.

5A.4 Third-Party Data. When you connect third-party accounts (such as Spotify), you authorize us to access and use data from those services as necessary to provide our features. You may revoke this access at any time through your account settings or through the third-party service.

6.1 Disclaimers. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

6.2 Service Availability. We do not guarantee that our services will be available at all times or that access will be uninterrupted. Services may be unavailable due to maintenance, updates, technical issues, third-party service failures, or circumstances beyond our control. We are not liable for any loss or damage resulting from service unavailability.

6.3 Data Breach Limitations. While we implement security measures to protect your data, no method of transmission or storage is 100% secure. In the event of a data breach or unauthorized access to your information, our liability is limited to the maximum extent permitted by law. We will comply with applicable data breach notification laws, but we are not liable for any damages resulting from data breaches, except as required by applicable law.

6.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERCURY 91, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.

6.5 Maximum Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS (AUD $100), WHICHEVER IS GREATER. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.6 Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. However, to the fullest extent permitted by applicable law, the limitations and exclusions set forth above apply.

7A.1 Unforeseeable Events. We shall not be liable for any failure or delay in performance under these Terms that is due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemics, epidemics, government actions, labor strikes, internet or telecommunications failures, third-party service outages, cyber attacks, or any other force majeure events.

7A.2 Service Interruptions. In the event of a force majeure event, we may suspend or discontinue services temporarily without liability. We will use reasonable efforts to restore services as soon as practicable, but we are not obligated to do so and are not liable for any damages resulting from such interruptions.

7B.1 International Use. Our services are available to users worldwide. If you access our services from outside Australia, you are responsible for compliance with local laws. We make no representation that our services are appropriate or available for use in all jurisdictions.

7B.2 GDPR Rights (EU Users). If you are located in the European Economic Area (EEA) or United Kingdom, you have certain rights under the General Data Protection Regulation (GDPR), including: (i) the right to access your personal data; (ii) the right to rectify inaccurate data; (iii) the right to erasure ("right to be forgotten"); (iv) the right to restrict processing; (v) the right to data portability; (vi) the right to object to processing; and (vii) the right to withdraw consent. To exercise these rights, please contact us at hello@mercury91.com. For more information about how we process your data, please see our Privacy Policy.

7B.3 Data Transfers. Your data may be transferred to and processed in countries outside your country of residence, including Australia and the United States. By using our services, you consent to such transfers. We implement appropriate safeguards to protect your data in accordance with applicable data protection laws.

7B.4 International Law Considerations. These Terms are governed by Australian law, but we recognize that users in different jurisdictions may have rights under local consumer protection laws. Nothing in these Terms limits or excludes any rights you may have under mandatory provisions of applicable local law that cannot be excluded by contract.

7C.1 Binding Arbitration. Except as otherwise set forth in this section, any dispute, controversy, or claim arising out of or relating to these Terms, the services, or your use of the services (a "Dispute") shall be resolved exclusively through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) or, if ACICA is unavailable, another recognized arbitration organization in Australia. The arbitration shall be conducted in English and in Australia.

7C.2 Class Action Waiver. YOU AND MERCURY 91 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You waive any right to participate in class actions, collective actions, or representative proceedings. If this class action waiver is found to be unenforceable, then the entire arbitration agreement will be unenforceable.

7C.3 Small Claims Exception. Notwithstanding the foregoing, either party may bring a claim in small claims court if the claim qualifies for such court's jurisdiction. Small claims court proceedings are not subject to the arbitration requirement.

7C.4 Opt-Out Right. You have the right to opt out of this arbitration agreement by sending written notice to us at hello@mercury91.comwithin 30 days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

7C.5 Limitation Period. Any claim you may have arising out of or relating to these Terms or the services must be brought within one (1) year after the cause of action arises, or such claim is forever barred.

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

8.1 Jurisdiction. Subject to the arbitration provisions above, any legal action or proceeding arising out of or relating to these Terms or the services shall be brought exclusively in the courts of Australia. You consent to the personal jurisdiction of such courts.

8.2 Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded or limited. If any guarantee, warranty, term, or condition is implied or imposed by law and cannot be excluded, our liability for breach of such guarantee, warranty, term, or condition is limited to: (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (ii) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.